Emery v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
Civil actioN, tried before Graves, J., at May Term, 1888, of the Superior Court of Halifax County. There was á verdict for plaintiff, and the defendant appealed to the Supreme Court.
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Civil actioN, tried before Graves, J., at May Term, 1888, of the Superior Court of Halifax County. There was á verdict for plaintiff, and the defendant appealed to the Supreme Court. The pleadings were as follows, omitting immaterial portions of them: The plaintiff, complaining of the defendant, alleges: “ 1. That the defendant is a corporation, duly chartered and organized under an act of the General Assembly of North Carolina, passed at its session in 18_, and acts amendatory thereof. “ 2. That the plaintiff Emma J. intermarried with Thos. L. Emery many years prior to the year 1884. “ 3.…
1Opinion of the CourtAvery, J.
(after stating the facts). The action was brought to recover damage for injury done to plaintiff’s brick-yard in the year 1885, and again in May, 1887, and to his crops,, by overflows caused by the defective construction of a culvert over a creek on the defendant’s line.
The first and second exceptions present the question,, whether his Honor erred in refusing to submit two additional issues tendered by defendant’s counsel. It was not the design in adopting the new procedure, that parties should be bound by rules so technical as those which governed the old system of pleading. The forms of…
2Cases cited1 opinion
- Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
3Cited by67 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Texas Western Railway Co. v. WilsonTexas Supreme Court · 1892
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Clark v. DyerTexas Supreme Court · 1891
- Bonds v. . SmithSupreme Court of North Carolina · 1890
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